Application for production of documents prior to mediation
Documents relevant to disputed quantification of earn out and other post
sale benefits
Quick Take
1A court may order pre-mediation production of documents under ss 47 and 48 of the Civil Procedure Act 2010 (Vic) as a case management measure to further the overarching purpose, without needing to determine whether the documents qualify as 'critical documents' under s 26.
2Particulars that are not stated to be exhaustive do not confine the substantive plea so as to render irrelevant documents going to the broader allegation; reading down a substantive pleading by reference to non-exhaustive particulars is unwarranted and inconsistent with identifying the real issues in dispute.
3Where a plaintiff's claim for specific performance includes an entitlement to production of documents, and that claim is bona fide and has merit, ordering production of overlapping categories of documents on an interlocutory basis does not amount to granting final relief by the backdoor.
